R03-046 NO. o -oqG
A RESOLUTION 'OF 'THE CITY. COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC
NECESSITY OF ACQUIRING THREE (3) PARCELS OF
PROPERTY FOR THE PURPOSE OF ACQUIRING RIGHT-OF-
WAY TO EXPAND BOYNTON BEACH BOULEVARD AND TO
IMPLEMENT THE PROPOSED BOYNTON BEACH
BOULEVARD PROMENADE AND RIVERWALK PROJECT
WITHIN THE CITY OF BOYNTON BEACH, FLORIDA;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the acquisition of right-of-way is..' necessary to implement the proposed
Beach Boulevard Promenade and Riverwalk Project and to expand Boynton Beach
and is a matter of great importance and concern to the residents of the City of
Beach; and
WItEREAS, the parcels of land designated as Parcels 1, 2 and 3, as more particularly
Exhibits "A", "B" and "C", attached hereto, are required to better accomplish the
purpose described above and further the general health, safety, and welfare to the citizens
City of Boynton Beach, Florida; and
WHEREAS, the area designated as Parcels 1, 2 and 3 has heretofore been located and
and the property is needed for the acquisition of right-of-way to expand Boynton
Boulevard to implement the proposed Boynton Beach Boulevard Promenade and
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
as being true and correct and are hereby incorporated herein. All exhibits attached
are hereby incorporated herein.
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SECTION 2.
It is necessary, serves a municipal and public purpose, and is in
best interest of the City of Boynton Beach to acquire the right-of-way to expand Boynton
Boulevard and implement the proposed Boynton Beach Boulevard Promenade and
SECTION 3. That the properties described in Exhibits "A", "B" and "C"
hereto as Parcels Number 1, 2 and 3 be and the same are hereby ratified, confirmed and
to be necessary for acquiring the right-of-way to expand Boynton Beach Boulevard and
>lement the proposed Boynton Beach Boulevard Promenade and Riverwalk. The City of
Beach shall acquire fee simple title to said property by gift, purchase, or eminent
as described in Chapter 166, Florida Rt~tntes and Chapters 73 and 74, Florid~ ,qtatute.q.
acquisition of said parcel for this project is necessary and serves a public purpose.
SECTION 4. The City Attorney shall first attempt to acquire the property
negotiations at a price agreeable to both the sellers, if found and determined, and the
of Boynton Beach; however, if such negotiations fail within a reasonable time from the
of this Resolution, the City Attorney or the City Attorney's designee is authorized
directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in the
of Boynton Beach' powers of eminent domain for the purpose of acquiring the parcel
in Exhibits "A", "B" and "C" attached hereto and is further authorized and directed to
all things necessary to prosecute such lawsuit to final judgment. In pursuit of such
and in direction, the City Attorney or his assistant or designee, is specifically
to sign and file a Declaration of Taking so that the City may avail itself of the
· ' of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is
authorized to accomplish the acquisition of said parcels by settlement and compromise
those instances where same can be effected in accordance with the terms, conditions, and
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limitations established from time to time by the Boynton Beach City Commission.
SECTION 5. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6. If any clause, section, other part, or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7. This Resolution shall become effective immediately upon its
~assage and adoption.
PASSED AND ADOPTED this |~ day of March, 2003.
.~M~yor ' ' - ~
Commissioner
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EXHI1RIT "A"
PARCEl, NO. 1
Lots 27 and 28, Dewey's Subdivision, according to the Plat thereof, as recorded in
Plat Book 1, Page 37 of the Public Records of Palm Beach County, Florida, less the
North 150 feet of the South 195 feet of the East 150 feet of the West 200 feet of said
Lot 27.
EXHIFIIT "B"
PARCEl, NC)_ 2
Lot 29, Dewey's Subdivision, according to the Plat thereof, as recorded in Plat Book
1, Page 37, of the Public Records of Palm Beach County, Florida.
EX]-II~IT "C"
PARC, ET, NO. 3
Lots 4, 13, and 20, Dewey's Subdivision, according to the Plat thereof, recorded in
Plat Book 1, Page 37, o£the Public Records of Palm Beach County, Florida.